Working with Temp Residencia - Potential legal problem - advice needed!

[oxente!]

Hi All,

I have a bit of an odd situation that I was hoping to get the forums perspective on since its likely others have gone through my process. I apologize that it´s long....

I´ll give the backstory but my questions essentially are:

1. Can you work legally when you have residencia temporaria as a estudiantes formal (12+ month program) and have a CUIL and DNI??

2. When your residency expires, what responsibility, if any, does your employer have to provide you with necessary paperwork / pay for legal fees for pre-contrato laboral, RENURE inscription, escribano legalization of contract, etc?

I work for a very well respected US Multinational company here (however I am the only American working in the Argentina office) , I started working about 6 months ago - my residency is temporary - I have had it for 2 years because I did a graduate program here (estudiante formal). I have a CUIL and DNI and this my third job "en blanco" en Argentina with this legal status (ie, Temp that I got via being a student). Before I accepted my job offer (previously working en blanco at another US organization) I told my new employer that my residency would expire this year (Dec 31, 2010) and I needed to know if I could get a contract and have assistance with the process because I graduated from my program and couldn´t extend (Prorroga) my student status again. They said no problem....

I have been trying to process the paperwork with them and all of a sudden HR got on the defensive and insists that I lied about my legal status and that I had a student visa which doesn´t allow me to work and because of that they may do me the favor of splittling the legal fees (only for the "gestion" part) of the cost (however they use BakerMackensie which is realllllllly expensive) of the tramite because I couldn´t really work according to them (however they never bothered to check). When I told them that I coud just do the tramite myself as long as they provide me the paperwork they didn´t like that idea at all, they said I could only use their escribano to legalize signatures and would "of course have to pay for it myself". I insist that I COULD and CAN work with temporary residency - as long as it hasn´t expired.

Does anyone know if I am right or if I misunderstood my status? I am now waiting until my residency expires and then I should be presenting the paperwork when immigrations opens again in January and I won´t be leaving the country over the new years to avoid re-entering as a tourist.....

Any thoughts would be appreciated!!


Any recommendations for labor law lawyers would be helpful too!!!

 

[citygirl]

1) I believe you can work with a student visa but am not 100% sure.

2) Is your company registered to employee extranjeros? It is a separate registration process which can take a lot of time & effort if the company isn't already registered. Has the company agreed to sponsor your work visa?
-- As far as responsibility, well, they don't really have any. It's whatever you negotiate with them.

 

[jp]

You can work on a student visa.

When that expires though, you'll need a work visa which your company will have to arrange for you. Its a hassle for them and one they'd no doubt like to avoid as it involves a fair amount in legal fees and sometimes involves hiring "immigration consultants" (senior people in migraciones taking bribes to hurry things up).

Not sure about their responsibilities, but I'd guess that since argentine labour law favours you, if you do nothing they're left carrying the burden. You haven't lied, you are allowed to work on a student visa and the chances are they can't sack you if they've overlooked your visa status.

I'd leave it with them to sort it out, remember you've done nothing wrong and they reneged on their commitment, so I wouldn't start offering to pay for things or do the tramites yourself. Its on them to sort out your work visa. Maybe speak to a lawyer to get a grip on your options. I know a good lawyer, not sure if he covers labor law but I'd give him a try - [email protected]

Suerte

 

[Davidglen77]

I registered a company here and as long as they are current on all of their tax obligations it´s not such a big deal for them to register as a company that can hire extranjeros.
It does require that they furnish migraciones with a good deal of paperwork, however that paperwork that is needed is easily obtained from the AFIP website and a few fotocopias y firmas legalizadas ante escribano.
If I were you I would contact migraciones and get the list of requirements and present it to Human Resources at your company.
And furthermore, you didn´t lie since you can work being here on a student visa.
They should just chill out and help you since if they end your employment and you go to a labor lawyer you can rip them another a__hole for firing you when there is a solution to keeping you employed.

 

[Bajo_cero2]

Well, they are in troubles not you.
You can sue them and they will have to pay a huge fine plus a huge indemnización. Or you can continue working in negro.
If you were here for 2 years you can apply for citizenship. A transitoria residence can be asked through a judge.
Contact me for free legal advice if you feel like. I know some good labor lawyers.
Regards

 

[citygirl]

Depends on the company. My lawyer estimated it would take 1 month for our company to obtain permission to employee extranjeros. It took almost 5 months and 2 court hearings as well as 2 inspections by migraciones. It was neither easy nor inexpensive.

I'm not aware how the company "broke the law". The OP was in possesion of a visa that enabled him/her to work when s/he was hired. It is no longer valid so it would seem to me that they certainly have grounds to terminate. After less than 6 months of work, they in theory could terminate with a month "notice" and payment of 1 month of severance ((Obviously I hope that is not the case for the OP!)

First things first, I would go to HR & ask if they are registered to employee extranjeros. If they are, OP/they can start the paperwork. However, one can't legally work until the process is completed. And if it's a multi-national, I would be SHOCKED if they allowed anyone to work en negro.

 

[jp]

I worked en negro for a multinational. Started off en blanco, but then work visa expired, and it took over a year to try and arrange another one. In reality, nothing changed. I kept paying taxes, work kept battling with migraciones, who in turn kept changing the criteria and demanding information that wasn't immediately available (tax audits etc).

 

[Davidglen77]

To register a company in migraciones you need the following items (department that handles these matters is called "requerientes")
1) Estatuto (for SRL & SA) and all subsequent actas
2) Libro de actas
3) Alta de empleador de AFIP
4) Cierre de balance por último ejercisio
5) Comprobantes de IVA, Ingresos Brutos, Ganancias
6) Declaracion de bienes personales (último año)
There may be some changes, but these are the bulk of the items that are needed.